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Tag Archives: liability

Insurance – Liability – Garage Policy – Water Damage (access required)

BMW of North America, LLC v. Complete Auto Recon Services, Inc. The defendant-insurer’s garage policy only provided liability coverage to plaintiff, the owner of the cars in the defendant-insured’s garage. Since no third party had any claim against plaintiff, the policy provided no coverage to plaintiff when garage employees left the windows down on six cars during a rain storm.

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High court orders judge to recalculate insurer’s liability  (access required)

An insurance company which provided coverage for a Myrtle Beach condo community may be responsible only for a portion of structural damage that unfolded over the course of years, the South Carolina Supreme Court has ruled. The court wrestled with how to apply the term “occurrence” to slow-motion water damage resulting from shoddy construction. Ultimately, the court adopted a formula for “dividing the loss among insurers… where proof of the actual property damage distribution is not available.” Attorneys involved in the case predict that the decision will help clarify what builders get in the way of coverage when insurance policies are negotiated.

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